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HomeMy WebLinkAboutMINUTES-06/17/1986-RegularI June 17, 1986 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, June 17, 1986, at 6:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Estrada, Horak, Liebler, and Ohlson. Staff Members Present: Burkett, Huisjen, Krajicek Agenda Review: City Manager City Manager Burkett noted there was a request for an Executive Session to discuss contractual matters at the conclusion of the regular meeting. Consent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #7, Pulled Consent Items, except items pulled by anyone in the audience or items that any member of the audience is present to discuss that were pulled be staff or Council. These items will be discussed immediately following the Consent Calendar. 4. Second Reading of Ordinance No. 85, 1986. Revisino Section 7-9 and This ordinance was unanimously adopted on First Reading on June 3. Both of these revisions are made to correct deficiencies and old language that is no longer necessary and/or appropriate as it pertains to the enforcement authority and appointment authority of the police department. The proposed revision to Section 7-9 authorizes the Chief of Police to appoint, as necessary, "special police officers" to enforce particular provisions of this Code, with their authority to be limited by administrative guidelines. The Ordinance itself would no longer specify the.categories of individuals which could be appointed to special enforcement responsibilities. ' Section 2-4 eliminates language,thatiis`'no longer applicable to the police department and specifically, the' positions of Assistant Chief of Police and Police Clerk. These revisions have been made to conform -393- June 17, 1986 to the current practices and authority of officers of the police ' department. 5. Second Reading of Ordinance No. 86, 1986, Vacating a Utility Easement in Rossborough, Third Filing. This ordinance was unanimously adopted on First Reading on June 3. The Developer of Rossborough, Third Filing, Trend Homes, Inc., is requesting the vacation of a twenty -foot -wide utility easement located between Lots 137 and 138 on Chelsea Court. The easement was originally for a proposed sewer line connection to Rossborough, Second Filing. The sewer was actually placed in the Tract "D" easement, which is adjacent to Lot 138 on the East. All utility companies have been contacted and indicate no problems with the vacation. 6. Resolution 86-103 Making Appointments to Various Boards and Commissions. Council has received copies of the applications for membership on the various City Boards and Commissions, and interviews have been conducted with the applicants by Council committees. In keeping with Council's policy, recommendations for these ' appointments were announced on June 3. The appointments were tabled to June 17 to allow additional time for public input. Copies of the applications are on file in the City Clerk's Office. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #4. Item #5. Second Reading of Ordinance No. 86. 1986, Vacating a Utility Easement in Rossborough, Third Filing_ Councilmember Estrada made a motion, seconded by Councilmember Liebler, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Estrada, Horak, Liebler,-and Ohl'son. - Nays: None. THE MOTION CARRIED. Resolution 86-104 Making Appointments to the Downtown Development Authority and the ' Natural Resources Advisory Board, Amended and Tabled to July 1 Following is staff's memorandum on this item: -394- June 17, 1986 "Vacancies currently exist on the Downtown Development Authority and the Natural Resources Advisory Board due to the appointment of Barbara Liebler to City Council and the resignation of Tod Schwartz. The individual Council liaisons have reviewed the applications on file and will announce their recommendations at the June 17 meeting. In keeping with Council's policy, this Resolution will be tabled until July 1 for public input." Mayor Ohl son noted Council was not at this time ready to make the appointment to the Natural Resources Advisory Board and wanted to amend the Resolution to delete that appointment from the Resolution. Councilmember Estrada made a motion, seconded by Councilmember Liebler, to adopt Resolution 86-104 inserting the name of Jeanne Abdelnour as the Downtown Development Authority appointee and deleting the portion of the Resolution referring to the Natural Resources Advisory Board appointment. Councilmember Estrada made a motion, seconded by Councilmember Horak, tc table Resolution 86-104 to July 1 to allow further public input. Yeas: Councilmembers Estrada, Horak, Liebler, and Ohlson. Nays: None. THE MOTION CARRIED. Resolution 86-105 Assigning Councilmembers as Liaison Representatives to the Various Boards and Commissions and Appointing Councilmembers to Various Committee Assignments, Adopted Following is staff's memorandum on this item: "Due to the resignation of Councilmember John Knezovich, vacancies exist on the following committee and liaison assignments: COUNCIL BOARD LIAISON APPOINTMENTS - Building Board of Appeals - Election Board - Housing Authority - Liquor/Massage Licensing Authority - Retirement Committee COMMITTEE ASSIGNMENTS: - Economic Development Subcommittee - Finance Committee - Intergovernmental Committee - Joint Utility District%Advisory•Committee ' Council will announce their recommendations at the June 17 meeting and formally make these assignments by Resolution." -395- June 17, 1986 Mayor Ohlson read the recommendations for the liaison assignments as ' follows: COUNCIL BOARD LIAISON APPOINTMENTS Liebler - Building Board of Appeals Liebler - Election Board Liebler - Housing Authority Liebler - Liquor/Massage Licensing Authority Liebler - Retirement Committee COMMITTEE ASSIGNMENTS: Rutstein - Economic Development Subcommittee Liebler - Finance Committee Liebler - Intergovernmental Committee Stoner - Joint Utility District Advisory Committee Councilmember Estrada made motion, seconded by Councilmember Horak, to adopt Resolution 86-105 inserting the names as read. Yeas: Councilmembers Estrada, Horak, Liebler, and Ohlson. Nays: None. THE MOTION CARRIED. Items Relating to the City's ' Fiscal Year 1986-87 CDBG Program Following is staff's memorandum on this item: "Executive Summary A. Resolution 86-106 Amending Resolution 86-101 Approving the 1986-87 Community Development Block Grant Program for the City of Fort Collins. B. Second Reading of Ordinance No. 87, 1986, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Projects in the CDBG Fund. Resolution 86-101 was adopted by a 5-1 vote on June 3 and established the individual programs and projects to be`funded with CDBG funds from HUD for the FY 1986-87 Program year which begins. on October 1, 1986. Resolution 86-106 amends Resolution 86-101 and incTudes $8;550 in funding for Catholic Community Services Hostel Program in" addition'�to the original $7,500 earmarked for rehabilitation. The total' amount of.COBG funds available to the City of Fort Collins is $834,286. Ordinance No. 87, 1986 was adopted on First Reading by a 5-1 vote on June 3 I and appropriates $566,000 from the City's FY 1986-87 Entitlement Grant, $165,719 from Reprogrammed CDBG funds, and $102,567 of CDBG existing and anticipated Program Income. -396- 1 1 June 17, 1986 Background The amended Resolution and Ordinance also reflect a decrease in the total allocation amount for the 1986-87 program year of $58,000 to correct an error in actual computation of carry-over funds appropriated last year. Council approved the recommended CDBG allocations on June 3rd and directed staff to look for funding for Catholic Community Services. The revised recommended allocation is attached which reflects funding of the Hostel program and the $58,000 corrected decrease in carry-over. The attached memo to Steve Burkett from Alan Canter provides additional background information on the funding of Catholic Community Services." Councilmember Horak stated that although he did not vote on this item at the last meeting, he would vote at this meeting in order to fulfill the quorum. Chief Planner Ken Waido summarized the revisions that have been made to this item since June 3. Jim Aldrich, 1629 Azalea Drive, program supervisor for Catholic Community Services, thanked Council for their responsiveness to the poor people in this community. Bobbie Guye, Chairperson of the CDBG Steering Committee and member of the Commission on Disability, asked Mr. Aldrich to explain where Catholic Community Services will receive additional funding beyond the proposed CDBG allocation. Mr. Aldrich replied that additional funding has been obtained from United Way and that a letter of intent has been filed with Larimer County to apply for human development funds. Councilmember Liebler made a motion, seconded by Councilmember Estrada, to adopt Resolution 86-106. Councilmember Estrada thanked the CDBG Steering Committee for finding the additional funding for Catholic Community Services. The vote on Councilmember Liebler's motion to adopt Resolution 86-106 was as follows: Yeas: Councilmembers Estrada, Liebler, and Ohlson. Nays: None. Abstain: Councilmember Horak. (Secretary's Note: Article�,,II, Section 6 of the Charter states "...if a member fails to vote when present, he -shall be recorded as voting in the affirmative.") THE MOTION CARRIED. -397- June 17, 1986 Councilmember Estrada made a motion, seconded by Councilmember Liebler, to adopt Ordinance No. 87, 1986 on Second Reading. Yeas: Councilmembers Estrada, Liebler, and Ohlson. Nays: None. Abstain: Councilmember Horak. THE MOTION CARRIED. City Manager's Report City Manager Burkett reported on the anticipated schedule for the June 24 worksession. Councilmember Horak stated he would like to see work sessions consist more of a discussion of issues rather than a straw -poll type of forum. He suggested Resolutions of Intent might be considered during regular Council meetings so that the public might have a chance to comment prior to the final preparation of the Budget. Mayor Ohlson stated he would also like to avoid the straw -poll vote during work sessions. Mayor Ohlson suggested that he and the Assistant Mayor talk with the other Councilmembers individually to discuss other options. Councilmember Horak asked City Manager Burkett when Council would be receiving the initial staff response on items discussed at the Retreat. City Manager Burkett replied that he will providing some information in the near future. Councilmembers' Reports Councilmember Estrada reported on the various sessions that will be covered at the Colorado Municipal League Annual conference. Councilmember Horak encouraged the City Manager and those Councilmembers attending CML to spend some time with the communities to the east to explain where we are in the railroad relocation process. Councilmember Horak repdrted on the work on the trail in the foothills and encouraged everyone to volunteer some time to the project. 7L I June 17, 1986 Citizen Participation Bruce Lockhart, 2500 East Harmony Road, suggested that a portion of the revenue that will be received from the new gasoline tax be used to repair streets in lieu of the transportation utility fee. Mr. Lockhart also inquired about concessions at City Park during the Fourth of July celebration. Other Business Councilmember Horak made a motion, seconded by Councilmember Estrada, to adjourn into Executive Session for the purpose of discussing water matters. Yeas: Councilmembers Estrada, Horak, Liebler, and Ohlson. Nays: None. THE MOTION CARRIED. (Secretary's Note: Councilmember Rutstein arrived during the Executive Session at approximately 8:15 p.m.) Emergency Ordinance No. 89, 1986, Authorizing the City Manager to ' Enter into a Water Exchange Agreement. Adopted on Final Reading Following is staff's memorandum on this item: "Executive Summary The Water Supply and Storage Company has offered to issue to the City of Fort Collins its water shares in exchange for stock in other irrigation and reservoir companies. The stock offered by the City in exchange for the shares of Water Supply and Storage Company are those which cannot be used easily by the City. The Ordinance authorizes the City Manager to execute the Exchange Agreement so that the transaction may be accomplished. Background The Water Exchange Agreement provides that the City will transfer to Water Supply and Storage Company shares of stock of other mutual ditch companies (Arthur Ditch, Larimer County #2 Ditch, New Mercer Ditch and Pleasant Valley and Lake Canal). Rights in these ditches, which are located largely within the limits of Fort Col,l•ins, have been acquired by the City over the past years as a part; of thef City's water development policy. In their present form, the City's share'of waters of these ditches has not been capable of being used to full advantage. Water Supply and Storage Company stock, on the other hand, has been a favorable water source for the City ' because of the stability of the supply and the ability of the company to deliver the water by exchange to the City's water treatment plant." -399- June 17, 1986 1 At the end of the Executive Session, Councilmember Rutstein made a motion, seconded by Councilmember Estrada, to adopt Ordinance No. 89, 1986 as an Emergency Ordinance. City Clerk Krajicek read the Ordinance in its entirety into the record. Water/Wastewater Utility Director Mike Smith reviewed the concept of the ordinance and the value to the City in entering into this agreement with Water Supply and Storage Company. Ward Fischer, attorney for Water Supply and Storage Company, explained why this agreement would be beneficial to both the City and Water Supply and Storage, and encouraged favorable consideration of the agreement. He added that this transaction will take some study and that the agreement contemplates a joint effort of study and investigation so that adjustments may be made to ensure that neither party gains any advantage from the trade. Bill Fischer, representing Water Supply and Storage Company, stated this is potentially good for not only the City of Fort Collins, but the entire front range including Weld County. Neil Grigg, member of the Water Board, explained the Water Board's I involvement in this proposal and highly recommended approval of the agreement. City Attorney Huisjen stated that this agreement has been under negotiation for at least two weeks and that it has not been done hastily; therefore, staff is very comfortable in recommending it to the Council. He explained the process required for the exchange of part of the Water Utility and the reason for an Emergency Ordinance is the need to react to this offer quickly to protect the City's property interests. Councilmember Horak stated he felt this was a great opportunity to utilize the southside water and listed the benefits the City will receive from this trade. He commended staff, members of the Water Board, and Council for their work on this item. Councilmember Rutstein agreed with Councilmember Horak and expressed how important it is for the City to be involved in water issues. Councilmember Estrada•', -commended everyone involved and stated he felt tonight's action -'Would preserve the future of Fort Collins. Mayor Ohlson also thanked everyone involved, including Councilmember Horak, for his expertise and skill in matters relating to water. The vote on Councilmember Rutstein's motion to adopt Ordinance No. 89, 1986 I as an Emergency Ordinance was as follows: Yeas: Councilmembers Estrada, Horak, Liebler, Ohlson, and Rutstein. Nays: None. -400- 1 THE MOTION CARRIED. Adjournment June 17, 1986 Councilmember Estrada made a motion, seconded by Councilmember Rutstein, to adjourn the meeting. Yeas: Councilmembers Estrada, Horak, Liebler, Ohlson, and Rutstein. Nays: None. The meeting adjourned at 9:20 p.m. A TEST: .aAZX City Clerk -401-